Visa and noc

Just want clarity on an issue-if the local sponsor refuses an noc or release and the employee has to go to the Ministry of Manpower to get a letter to leave the country,can the sponsor ban the employee from coming back?Also is the two year ban applicable to all GCC countries?
Back story-the employee in question had an issue with the sponsor and the matter was taken to court.The court has not provided any clarity on visa status and has left it to the sponsor's discretion and the sponsor is refusing to answer the phone or acknowledge the employee which is why going to Ministry of manpower was advised by the lawyer(please do let me know if this is not a solution as well)Thank you.

Hi Kayspade,

Yes, there is a solution. Go to the Indian Embassy and seek their assistance.

No employer can be forced to give a departing employee the NOC; not even the Ministry of Manpower. Such is the law.

It is not advisable for an expatriate employee to take up the cudgels against the employee / sponsor,. as more often than not, it would be the employee who would be at the losing end.

That is why it is always advisable for any aggrieved employee to seek the safe assistance of their local embassy since then the issue would take on a more official tone.

Thank you so much for your reply Mr.Sumitran. I understand that NOC cannot be forced but what if the employee wants to leave the country?The said employee is on an expired visa and the sponsor not only is refusing to renew it but isn't coming forward cancel the visa at the airport-in this circumstance,I understand from your reply that it is best to approach the embassy which will be done.But my question is in the event that the sponsor decides to ban the said employee,which definitely is a possibility,will this ban hold good for all GCC countries?I have been told that this applies to certain professions only and the said employee is a doctor.

Hi Kayspade,

How I wish there is a simple answer to your query ...

If the employer / sponsor is spiteful and if they wish to wantonly make life miserable for the employee, they very well can do so.

It all depends on how nasty the employer / sponsor wants to be, depending on how sour that relationship has turned with the victim (employee) in question.

For instance, if the employer / sponsor files a false criminal case against the employee, then the employee's chances of getting into any of the GCC countries would become a question mark.

If the false case filed is of a more serious nature and if a 'look-out' notice gets issued against the 'innocent' employee at the GCC airports, then the person can even get arrested upon entering any of the GCC airports. Yes, such things do happen.

For an expatriate employee, getting on the wrong side of the law - knowingly, or unknowingly - in a foreign country, more so in a GCC country, is best avoided.

In any case, the person you are asking about will not be able to return for a minimum period of two years from the date of exit (as the person will not certainly be having the last employer's NOC).

But beyond that, what repercussions could be there for the employee, is something that can only be appraised after knowing what unpropitious actions the said person's employer / sponsor has taken.

Like you say if contract is not renewed and on the end date of contract if employee moved back to country, can she come back or not.

NOC is still required as contract is not breached she has served 4 contracts successfully now want to move back to her country but later she may find suitable options in oman, can she come back.

nishantbhatnagar1947 wrote:

Like you say if contract is not renewed and on the end date of contract if employee moved back to country, can she come back or not.

NOC is still required as contract is not breached she has served 4 contracts successfully now want to move back to her country but later she may find suitable options in oman, can she come back.


Hi nishantbhatnagar1947,

The answer still remains a 'No'.

Please read the numerous other posts on the forum dealing with this very same subject. You will know why the NOC is such a lop-sided rule from the employee's point of view.